Cooper

Appellant was convicted of possession of restricted and dangerous drugs in violation of Health and Safety Code section 11910 after the cause had been submitted to the trial court upon the transcript of the preliminary hearing. He appeals from the order granting him probation for three years upon the condition that he serve a jail term of six months. The order is deemed to be an appealable final judgment under Penal Code section 1237.

Appellants Contentions

To show the relevance of the evidence which we are about to summarize, we first indicate the nature of appellant’s contentions which are as follows: (1) a police officer’s observations made from a third floor fire escape of activities in appellant’s bathroom constituted a violation of appellant’s constitutionally protected right of privacy; (2) the information in the possession of the arresting officers did not provide probable cause for appellant’s arrest; (3) the entry and search of appellant’s apartment were not contemporaneous with a lawful arrest and therefore the entry was made in violation of Penal Code section 844.

Our review has led to the conclusion that appellant’s contentions are mistaken and based upon…